GL C V 3 No reply in time – application deemed withdrawn

If the applicant fails to pay the fee for grant and publishing or the claims fees or to file the translation within the period under Rule 71(3), the application is deemed to be withdrawn unless, within the same period, the applicant files or requests corrections or amendments to the text proposed for grant in the Rule 71(3) communication (see C‑V, 4.1).[Rule 71(7); ]
If the applicant overruns the time limit set under Rule 71(3), further processing may be requested under Art. 121 (see E‑VIII, 2). In such a case, the omitted act to be completed would be either:[Art. 121; ]
(i)all of the following acts referred to in Rule 71(3) and Rule 71(4):
(a)payment of the fee for grant and publishing, 
(b)payment of any claims fees due, and 
(c)filing of the translations of the claims; or 
(ii)one or more of the following acts: 
(a)filing amendments and/or corrections to the application documents, 
(b)rejecting amendments proposed by the examining division in the communication under Rule 71(3), or
(c)requesting the grant to be based on a higher-ranking request than the auxiliary request on which the Rule 71(3) communication was based.

Source: http://www.epo.org/law-practice/legal-texts/html/guidelines/e/c_v_3.htm

Date retrieved: 17 May 2021

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EPC Articles

EPC Implementing Rules

EPO Guidelines - A Formalities Examination

EPO Guidelines - C Procedureal Aspects of Substantive Examination

EPO Guidelines - E General Procedural Matters

EPO Guidelines - H Amendments and Corrections